Baez v. New York City Health

In consolidated medical malpractice actions to recover damages, inter alia, for conscious pain and suffering and wrongful death, the defendants New York City Health and Hospitals Corporation, John Cece and Yen Chen appeal from so much of an order of the Supreme Court, Queens County (Graci, J.), dated December 9, 1988, as, upon consolidating the actions, denied that branch of their motion which was to dismiss the complaints as time barred, and granted that branch of the plaintiff’s cross motion which was to dismiss their affirmative defenses of untimeliness.

Ordered that the order is reversed…